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Yes, if you add problematic facts to a situation, the situation becomes discriminatory.

Nothing in the article suggests calling a candidate cupcake, etc. The subjects of the article are super understanding - allowing people to continue in an interview process despite seeming to not know the native language.

What is the motivation for making up wacky hypos to discredit the relatively trivial suggestions in the newsletter?

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I'm suggesting that's what would come to HR's mind, as a way that could come across, and risk lawsuits and/or social media outrage.

(Obviously someone isn't going to literally say "cupcake" in 2025. That doesn't mean that's not how it will come across. And it also doesn't mean that your employees won't mess up, and do your HR-vetted reasonable process in a totally wrong way.)

I'd say it's fair enough given the hint of racism/xenophobia in the article itself

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